5.  The applicant was born in 1963 and lives in the village of Velykyy Listven, Gorodnya District, in the Chernihiv Region.
6.  According to the applicant, at about 11 a.m. on 11 September 1997, when he was in company of Mr O.K. and two ladies, three police officers, S.V., V.V. and I.P., entered the house. They pushed him and Mr O.K. out to the police car and drove both to the collective farm office. There they were joined by Mr Y.M., another villager, who, along with officers S.V. and V.V. severely beat the applicant and Mr O.K..
7.  Between 12 September 1997 and 2 October 1997 the applicant underwent inpatient treatment on account of numerous leg injuries, including surgical dissection and drainage of a haematoma. As regards Mr O.K., between 12 and 29 September 1997 he was also treated in the hospital on account of traumatic vascular asthenia (астено-вегетативний синдром).
8.  On 10 October 1997 the Gorodnya Prosecutors’ Office rejected Mr O.K.’s request for criminal proceedings to be initiated against the officers S.V. and V.V., having found no appearance of criminal conduct on their part. On 17 November 1997 the Chernihiv Prosecutors’ Office annulled this decision and remitted the case for additional investigation. On 3 December 1997 the Gorodnya Prosecutors’ Office refused to initiate criminal proceedings.
9.  Following a further complaint by the applicant and Mr O.K., lodged on 9 March 1998, the Chernihiv Department of the Ministry of Interior conducted an internal investigation. On 19 March 1998 it announced that the circumstances described by the complainants “were found to be partly true”. However, there was no appearance that the police officers had infringed applicable law. In particular, it was confirmed that on 11 September 1997 officers S.V., V.V. and I.P. had invited the applicant and Mr O.K. to the farm office for questioning concerning their suspected involvement in a burglary at a village store. When near the office, they encountered Mr Y.M., who got into a fight with Mr O.K. After the fight was over, the police officers left the villagers and went off to continue their investigation. According to another villager, Mr Y.L., Mr O.K. and the applicant had fought each other the night before at a drinking party in his house.
10.  According to the applicant, at about 9:30 p.m. on 4 November 1999 the same police officers, S.V. and V.V., together with officer A.B., found the applicant in the company of Mr O.P. and Mr Y.K. in a house belonging to Mr O.P. Officers S.V. and V.V. beat the applicant severely, causing him cerebral concussion. The applicant did not, however, see a doctor, since he was afraid of reprisals by police, and attempted to recover at home on his own. However, as he continued to suffer (in particular, from headaches and dizziness) he sought medical advice on 27 January 2000. According to the medical records, on this date the applicant was prescribed medication for the after-effects of a head injury. Subsequently (between 2 and 18 August 2000) the applicant underwent inpatient treatment for pyramidal insufficiency and vegetative-vascular syndrome, recorded as after-effects of a head injury. The applicant has allegedly suffered from frequent headaches, vertigo, general weakness and bouts of depression ever since the injury.
11.  In the meantime, on an unspecified date criminal proceedings were instituted against the applicant, who was suspected of having stolen hay from the collective farm’s barn on or around 20 November 1999. On 10 December 1999 the applicant was placed in the Gorodnya temporary detention centre, apparently kept in custody some two weeks and then released. On 24 February 2000 the applicant was remanded in custody pending trial. On 22 May 2000 the Gorodnya District Court convicted the applicant and another villager, Mr O.G. of stealing 460 kilos of hay. The applicant was subjected to a fine and three years’ imprisonment suspended on a two-year probation term. This judgment was not appealed against and became final on 30 May 2000.
12.  On 30 July 2002, after his probation term ended, the applicant complained to the national ombudsman (Уповноважений Верховної Ради з прав людини) that there had been incidents of police ill-treatment on 11 September 1997 and 4 November 1999. On 15 August 2002 the ombudsman forwarded his complaints to the Gorodnya Prosecutors’ Office.
13.  On 4 September 2002 the Gorodnya Prosecutors’ Office decided not to institute criminal proceedings against the officers accused by the applicant of ill-treating him, having found no appearance of criminal conduct on their part. The decision was based on the testimonies of police officers only.
14.  On 13 September 2002 the Chernihiv Prosecutors’ Office found that this decision was based on a perfunctory enquiry and ordered an additional investigation.
15.  On 7 October 2002 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. It noted in particular that the applicant, his wife, Mr O.P. and Mr Y.K., who had allegedly witnessed the incident of 4 November 1999, had ignored repeated invitations to appear for questioning. As regards the applicant’s neurological symptoms, they could be associated with his oligophrenia and vegetative-vascular dystonia, which had already been diagnosed in 1983. Furthermore, according to the applicant’s psychiatrist, oligophrenia sufferers are prone to inadequate interpretation and distortion of facts.
16.  On 14 January 2003 the Chernihiv Prosecutors’ Office upheld this decision. The applicant appealed to the court. He argued, in particular, that neither he nor his former wife had ever received an invitation to appear for questioning. His oligophrenia was irrelevant to the facts, as his physical injuries had been confirmed by medical certificates.
17.  On 2 June 2003 the Gorodnya District Court annulled the decision of 7 October 2002, having found that the investigation of the applicant’s complaint had been perfunctory. In particular, the prosecution should have questioned the applicant and his family and should have ordered an assessment of the applicant’s health by a commission of experts.
18.  On 10 November 2003 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. According to this decision, several villagers had testified that they had never seen the police beat the applicant. Moreover, Mrs L.K., the collective farm accountant, remembered seeing him fight with his brother and Mr A.L. in September 1997.
19.  On 15 December 2003 the Chernihiv Prosecutors’ Office annulled the decision of 10 November 2003. It mentioned in particular that the court’s instruction to arrange a medical expert assessment had not been complied with.
20.  On 10 January 2004 the Gorodnya Prosecutors’ Office ordered the applicant to be examined by a medical expert.
21.  On 18 May 2004 the applicant was examined by a medical expert, who confirmed that he had suffered numerous leg injuries on 11 September 1997. She further found that the applicant’s assertion that he had suffered a head injury on 4 November 1999 was not improbable.
22.  On 20 May 2004 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. It found that the applicant had suffered minor injuries and could avail himself of the opportunity to bring a private prosecution.
23.  On 10 September 2004 the Gorodnya District Court annulled this decision as based on a perfunctory enquiry. The court found, in particular, that the prosecution had been under the obligation to determine the relevant facts in so far as it was possible. In particular, according to the court’s earlier instructions, the applicant’s assessment should have been carried out by a commission, rather than by a single expert. Furthermore, the authorities had not determined the identity of the collective farm employees who could be questioned about the events and had not verified the testimony of Mrs L.K. concerning the applicant’s fights with his brother and Mr A.L.
24.  On 26 December 2004 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. Additionally to the earlier reasons, it referred to the testimonies by Messrs A.L. and Y.L., the applicant’s neighbours, who asserted having seen the applicant and his brother kicking each other in September 1997.
25.  On 28 January 2005 the Gorodnya Prosecutors’ Office annulled this decision, referring, in particular, to its own failure to comply with the court’s instructions concerning the expert assessment.
26.  On the same date a commission of six experts from the Chernihiv Regional Bureau of Court Experts examined the applicant. They found it established that on 11 September 1997 the applicant had sustained numerous leg injuries. As regards his head injury, the available documents were insufficient to make a definite conclusion. It was probable that in November 1999 the applicant had sustained a head injury as a result of a fall. However, there was no appearance that a causal link existed between the alleged injury and the subsequent neurological symptoms.
27.  On 3 February 2005 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. In addition to previous findings it referred to the testimonies of the applicant’s brother, former wife and nine collective farm office employees, who asserted that they had never witnessed the applicant being beaten by the police. Furthermore, the applicant’s brother had confirmed that they had been on bad terms and had fought on various occasions, including in September 1997.
28.  The applicant appealed, complaining in particular that the investigation had failed to establish how he had obtained his injuries.
29.  On 31 March 2005 the Chernihiv Prosecutors’ Office annulled this decision, referring to the prosecution’s failure to question Mrs L.K. about the details of the fight between the applicant and his brother and the need for further study of medical records to determine how the applicant’s injuries could have been inflicted.
30.  On 14 May 2005 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings.
31.  On 26 May 2005 the Chernihiv Prosecutors’ Office annulled this decision, referring to the need to question the applicant’s acquaintances in whose company he had purportedly encountered officers S.V. and V.V. on 11 September 1997 and 4 November 1999.
32.  On 9 June 2005 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. In addition to the reasons given earlier it stated that the applicant had falsely noted that on 11 September 1997 officers S.V. and V.V. had been accompanied by officer I.P., while no such officer had served in the Gorodnya Police at that time. It also referred to a statement by Mrs A.P., one of the two ladies who had been with the applicant on 11 September 1997 and who had denied seeing the officers beating him in the house.
33.  On 5 October 2005 the Gorodnya Court found that the police had failed to comply with its earlier instructions.
34.  On 17 October 2005 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings, on essentially the same grounds as before.
35.  On 10 January 2006 the Gorodnya District Court annulled this decision, having found that it had not been preceded by any investigatory activities.
36.  On 1 February 2006 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings. By way of reasoning, it recited the findings of the internal investigation of 19 March 1998.
37.  On 6 March 2006 the Chernihiv Prosecutors’ Office annulled this decision.
38.  On 12 April 2006 the Gorodnya Prosecutors’ Office refused to initiate criminal proceedings. In addition to earlier reasons, it referred, in particular, to the impossibility of questioning Mr O.K. (the other alleged victim of the events of 11 September 1997), who had died by hanging in April 2004. It further referred to the testimonies by the applicant’s brother concerning their fight in 1997; to that of Mr Y.M., who remembered being present during the questioning in the farm office and seeing nobody beating the applicant. It further referred to the applicant’s condition diagnosed in 1983, making him prone to neurological symptoms as well as to distortion of facts.
39.  On 7 June 2006 the Novozavodskyy District Court of Chernihiv annulled this decision. It found that the prosecution had not complied with the previous judgments indicating omissions in their inquiry. In particular, no effort had been made in good faith to locate Mr Y.K. and Mr O.P., who had allegedly witnessed the applicant’s beating on 4 November 1999. According to the case file records, they resided in Kyiv, while the prosecution had unsuccessfully sought their contact details from the Chernihiv address bureau. Furthermore, no effort had been made to check the medical records of the temporary detention centre, in which the applicant had been placed in December 1999 shortly after the alleged head injury.
40.  On 26 July 2006 the Chernihiv Regional Court of Appeal upheld this decision. It also emphasised that the reference to the applicant’s condition diagnosed in 1983 was irrelevant to the verification of the facts in his case, in particular in light of the medical documents concerning his injuries.
41.  On 1 September 2006 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings referring to essentially the same reasons as before as well as to the absence of any information concerning Mr O.P. and Mr Y.K. in the Chernihiv address bureau.
42.  On 12 April 2007 the Novodazovskyy District Court of Chernihiv annulled this decision. It found that the courts’ previous instructions had not been complied with. It further ordered an additional medical assessment, questioning of the applicant’s brother and a check of the records of the Gorodnya termporary detention centre.
43.  On 12 June 2007 the Gorodnya Prosecutors’ Office refused to institute criminal proceedings, referring to essentially the same reasons as before. It also referred to additional questioning of the head of the previous expert commission, who believed that a new medical assessment would be futile. Furthermore, by April 2004 the Gorodnya temporary detention centre had destroyed all the records for 1999.
44.  On 26 February 2008 the Novozavodskyy District Court annulled this decision. On 11 March 2008 the Chernihiv Regional Court of Appeal quashed the decision of the trial court, having found that its analysis of the case file was perfunctory.
45.  On 11 April 2008 the Novozavodskyy District Court found the decision not to institute criminal proceedings sufficiently substantiated and upheld it. On 29 April 2008 the Chernihiv Regional Court of Appeal upheld the decision of the trial court.
46.  On 25 June 2008 the Supreme Court of Ukraine rejected the applicant’s request for leave to appeal in cassation.